DeMatteo v. Dolgencorp, Inc et al

Filing 42

ORDER & REASONS overruling and denying 40 MOTION for APPEAL OF MAGISTRATE JUDGE DECISION to District Court. The Magistrate's Order (Rec. Doc. 37) is hereby AFFIRMED, and the Court adopts it as its opinion. Granting 14 Motion to Remand to State Court. Both consolidated actions (14-cv-751 and 14-cv-752) are hereby REMANDED to the Twenty-Fourth Judicial District Court for the Parish of Jefferson. Signed by Judge Kurt D. Engelhardt on 7/23/2014. (Reference: 14-751, 14-752)(mmm) (Additional attachment(s) added on 7/23/2014: # 1 14-751 Remand Letter, # 2 14-752 Remand Letter) (mmm).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
CARLO DEMATTEO

CIVIL ACTION

VERSUS

NO. 14-751
c/w 14-752

DOLGENCORP, LLC, ET AL

SECTION “N” (3)

RELATES TO ALL CASES

ORDER AND REASONS
Before the Court are: (1) Objections to Magistrate's Order (Rec. Doc. 37) on Plaintiffs'
Motions for Leave to Amend Complaint (Rec. Doc. 40), filed by the defendants; and (2)
Plaintiff's Motion to Remand (Rec. Doc. 14).
The plaintiffs' motion to remand is made pursuant to 28 U.S.C. § 1447(e), on grounds
that the joinder of Frederick Clark, a Louisiana resident, destroys the Court's subject matter
jurisdiction. No party disputes that Clark's joinder would destroy diversity, the only basis for
jurisdiction in this case, thereby requiring remand pursuant to 28 U.S.C. § 1447(e). Thus, the
merits of the motion to remand hinge strictly on the propriety of the joinder, which is challenged
in the defendants' objections to the Magistrate Judge's Order. Having carefully reviewed the
Order (Rec. Doc. 37), the defendant's objections, the record, and the applicable law, the Court
can find no error in the Magistrate Judge's ruling allowing the joinder. Indeed, the Court agrees
that the Magistrate's decision is the correct one. Joinder of the non-diverse defendant being
proper, remand is required. See 28 U.S.C. § 1447(e).
Accordingly;

IT IS ORDERED that:
(1)

The Objections to Magistrate's Order (Rec. Doc. 37) on Plaintiffs' Motions
for Leave to Amend Complaint, filed by the defendants (Rec. Doc. 40) are
hereby OVERRULED and DENIED;

(2)

The Magistrate's Order (Rec. Doc. 37) is hereby AFFIRMED, and the
Court adopts it as its opinion;

(3)

Plaintiff's Motion to Remand (Rec. Doc. 14) is hereby GRANTED; and

(4)

Both consolidated actions (14-cv-751 and 14-cv-752) are hereby
REMANDED to the Twenty-Fourth Judicial District Court for the Parish
of Jefferson.

New Orleans, Louisiana, this 23rd day of July, 2014.

____________________________________
KURT D. ENGELHARDT
UNITED STATES DISTRICT JUDGE

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